How do I get access to a tenants information from the agent. The agent won't provide the details claiming the Privacy Act. The issue is they have just left my property in a mess and we are off to NCAT. But when the property was leased to them, the agent told me that they had just arrived from England and the husband’s employer had brought them over to Australia and they confirmed his salary. On the weekend the neighbour told me that the ex tenants had been living in Australia for 10 years. If this is the case and the agent has lied or the ex tenants have lied to the agent then I need this information to present to my lawyer. Can anyone assist?
NSW Access To tenant's initial tenacy application
- Thread starter Anon245519
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Thanks but before I involve a lawyer, is there something that I could do myself? Is there a govt. body that could assist?
then Anon said:
You mentioned "my lawyer"... so do you already have one?
It would help if you explain why you want the information?
Are you bringing an action against the tenant, or the landlord?
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Basically they have left the property in a dirty/damaged state, when compared with the ingoing report. Plus they have damaged vertical blinds by putting some solution on them. There is significant discolouration and the length of these blinds are 7m. Can't be saved. Plus there are so many other problems but we dont have 3 hours to discuss them. As I mentioned I now believe that they may have either lied to the agent on their initial application or the agent has lied to us. (Agent refused to give us their original application docs claiming it will contravene the Privacy Act) and just provided us with an email summarising the checks they conducted and stronly recommending them. We have now fallen out with the agent for many reasons of which 1 is the current request.
*sighes at the behaviour of the agent.
If the NSW law is similar to Vic, the agent has no right to withhold the tenant's information from you, The legal relationship is between you and the tenant, and your agent is just that - an agent, your agent.
Tell them to hand the details over or you will take them to court for failure to provide a signed document (tenancy agreement), and you will report them to NSW Fair trading and ask to have their licence cancelled. Also remind them of the power of google reviews. I assume you have already terminated their agency.
An agent has broad duties owing to you and they likely are failing one of the most basic duties by not providing the tenants details.
The application itself may not be relevant. You just need to serve the tenant NCAT papers.
Your lawyer should only need to make a phone call to the agent reminding them of their legal obligations.
If the NSW law is similar to Vic, the agent has no right to withhold the tenant's information from you, The legal relationship is between you and the tenant, and your agent is just that - an agent, your agent.
Tell them to hand the details over or you will take them to court for failure to provide a signed document (tenancy agreement), and you will report them to NSW Fair trading and ask to have their licence cancelled. Also remind them of the power of google reviews. I assume you have already terminated their agency.
An agent has broad duties owing to you and they likely are failing one of the most basic duties by not providing the tenants details.
The application itself may not be relevant. You just need to serve the tenant NCAT papers.
Your lawyer should only need to make a phone call to the agent reminding them of their legal obligations.
I agree with @Rod.
The agent is also wrong about what the law is.
Legal proceedings is one of the statutory exemptions
to the kind of privacy the agent (thinks he) is talking about.
In the case of NCAT, you apply for a summons.
Fair Trading may have the tenant details (through Rental Bond records),
but they won't give it to you without a summons either.
The agent is also wrong about what the law is.
Legal proceedings is one of the statutory exemptions
to the kind of privacy the agent (thinks he) is talking about.
In the case of NCAT, you apply for a summons.
Other than NCAT itself? No.
Fair Trading may have the tenant details (through Rental Bond records),
but they won't give it to you without a summons either.
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Since it isn't clear, I assume you're the landlord or rental provider.
Firstly I smell crook agent, when the tenant signed the contract you must have copy of it and in there you can see all tenant's details.
Pay attention to the bond, some agents don't care about this topic so they just get the contract signed and move on.
But since you don't have the contract, it means the agent knows the transaction was illegal thus = crook agent.
Unfortunately in Australia (yes very unfortunate) there is NO consumer body that deals with real estate agents complaints so your options are: 1)ask your copy of the contract; 2)once you get it you check the tenant's details AND bond; 3)do everything in writing by e-mail; 4)I believe this matter needs to go to the NCAT and you need to summon the agent specifying he/she must provide the documents you need like the contract.
Do you have landlord insurance?
Firstly I smell crook agent, when the tenant signed the contract you must have copy of it and in there you can see all tenant's details.
Pay attention to the bond, some agents don't care about this topic so they just get the contract signed and move on.
But since you don't have the contract, it means the agent knows the transaction was illegal thus = crook agent.
Unfortunately in Australia (yes very unfortunate) there is NO consumer body that deals with real estate agents complaints so your options are: 1)ask your copy of the contract; 2)once you get it you check the tenant's details AND bond; 3)do everything in writing by e-mail; 4)I believe this matter needs to go to the NCAT and you need to summon the agent specifying he/she must provide the documents you need like the contract.
Do you have landlord insurance?